Acai Berry Terms & Conditions

Reformer by Acai Berry Terms & Conditions

Acai Berry Terms & Conditions

Information About Us

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Most of the modern-day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate/advertising partners may also use cookies.

Change To Our Site

We may update our site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing Our Site

Our site is made available free of charge

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.

Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Your Account & Password

If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us here.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our website. You agree to immediately remove all links to our website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our website, you agree to be bound to and abide by these linking terms and conditions.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may not copy, print, or download extracts of any page(s) from our site for personal or commercial use.

If you print off, copy, or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No Reliance On Information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete, or up to date.

Limitation Of Our Liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the law of England and Wales.

To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.

If you are a business user, please note that, we will not be liable for:

• loss of profits, sales, business, or revenue.
• business interruption.
• loss of anticipated savings.
• loss of business opportunity, goodwill, or reputation; or
• any indirect or consequential loss or damage.
• If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmed and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse.

Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking To Our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out above.

Applicable Law

If you are a consumer, please note that the terms of use, its subject matter and its formation are governed by the law England and Wales. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland. If you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter, and its formation (and any non-contractual disputes or claims) are governed by the law England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact Us

Please contact us via email at info@acaiberryfoods.com

Reformer by Acai Berry Terms & Conditions

Please read our Terms and Conditions (Terms) carefully as these Terms constitute our legal contract with you. By booking classes, courses or workshops with us (Classes) or purchasing a membership you are confirming you have read the Terms and agree to be bound by them. Please also refer back to these Terms from time to time as they may change (and we reserve the right to do so). 

In these Terms: we, us, our means ABF DIST LTD (Company Number 13499959, whose registered office is 27 Margaret Street, London, W1W 8RY), trading as Reformer by Acai Berry. We supply all Classes subject to these Terms; and you, your, yours means you, the client. 

1 IMPORTANT INFORMATION ABOUT DATA PROTECTION

The nature of our business and the provision by us of Classes to you means that we will collect and process certain of your personal data from time to time. We will only do so in accordance with our Privacy Notice, which you can read by visiting the following page on our Website: https://acaiberryfoods.com/pages/privacy-policy

2 HEALTH AND SAFETY & PREGNANCY

 A).Many of our Classes involve strenuous physical activity. It is your sole responsibility to:

(i).check with your doctor or medical practitioner about your suitability for our Services and obtain their written consent where necessary before making a purchase. While we take care to ensure safe practice, there are inherent risks in any strenuous exercise programme and we, nor our instructors, accept any liability whatsoever for any injury or illness you incur through taking our Services or purchasing our products, and/or by your failure to notify us of any existing injuries, health problems or special needs before you attend your Class with us, or to notify your instructor prior to the start of Class.

(ii).notify us by email, following the creation of your account and prior to booking or attending any Classes; of any health problem or injury you may have (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulties); diabetes, epilepsy or any allergy), which may affect your participation in, or may be exacerbated by, any Services at Reformer by Acai Berry. Please also notify the instructor teaching your class at the beginning of every Class.

B). You accept the risk of injury from performing exercises and using specialist equipment and participating in our Classes and you acknowledge and accept that any advice provided by us, or our instructors, at no time constitute professional medical advice or substitution for professional medical advice.

C). You agree and understand that following the strict instructions of your instructor in every Class you take. Neither we, our directors, nor our instructors and or therapists can be held responsible for any injury arising or being made worse by your failure to do so.

D).It is your sole responsibility to inform the studio via email prior to attending your Classes of any pregnancy (in confidence). For the safety of all our clients, unfortunately, we are unable to accommodate individuals who are pregnant in our group Reformer Pilates classes. This is due to the intensity and nature of the exercises, which may not be suitable during pregnancy and could pose a risk without a tailored, specialist program.

We appreciate your understanding and recommend seeking prenatal-specific Pilates classes with instructors qualified in pregnancy modifications. Please consult your a healthcare professional before beginning or continuing any exercise program during pregnancy. After giving birth, we advise that you wait 12 weeks prior to returning to Reformer by Acai Berry Classes post medical clearance.

3 YOUR ACCOUNT WITH US

In order to book Classes you must sign up for an account (Account) at https://acaiberryfoods.com (our Website) or Mindbody (our Booking Platform). You must be at least 18 years of age to attend any Classes at Acai Berry Pilates.

4 CLASSES AND USE OF OUR PREMISES

A) Our Classes include all Class Types (as described further on our Website).

B) In booking a Class you agree to comply with any additional rules we may make known to you in relation to the Class from time to time, including how you may use our premises, facilities and your conduct whilst doing so.

C). Grippy socks must be worn at all times when using our reformer machines for health and safety and hygiene reasons. We reserve the right to refuse access if grippy socks are not worn.

D) All Classes and instructors are subject to change from time to time, even after you have booked. We will let you know about any changes as soon as we can, either via email or SMS. 

E) Access to our premises, Classes and any other goods and services we may supply from time to time is at our discretion and we reserve the right to refuse you access to any of the same, or to suspend or otherwise terminate your Account if we consider that you are in breach of these Terms, the Class Rules or your behaviour at our Premises is inappropriate, aggressive, rude, threatening or otherwise damaging to our customers, staff or our reputation more generally.  If we do so you will not be entitled to any refund, unless required by law.

5 DIFFERENT TYPES OF MEMBERSHIP

We offer the following different types of membership, which offer you different ways of paying for Classes (please also see section 6 below for details of payment methods):

Drop-in: You can purchase an individual Class. The drop-in rate and expiry date is set out on our Website.

Intro Offer: New customers only can purchase an Intro Offer. Available to all customers just once. The rate and expiry date for our Intro Offer is set out on our Website. It starts from the date of the first Booked Class. Duplicate accounts will be merged. 

Class Bundles: You can purchase Class Bundles at discounted rates which can be redeemed against specific individual Classes. Details of the Bundles we offer including prices and expiry dates, are set out on our Website.

Monthly Memberships: You can purchase a monthly membership for weekly or monthly Class credits, which you can redeem against a specific or unlimited number of Classes in the relevant month. Please see section 14 below for additional applicable terms.

6 PAYMENT TERMS

A) Drop-In, Intro Offer and Bundles: You can pay using your credit or debit card via our online checkout process. Save in respect of your right to cancel (see section 7 below), all Drop-In, Intro Offer and Bundle purchases are non-refundable and cannot be transferred to any other person.

B) Monthly Memberships. You can pay for your chosen Monthly Membership by credit or debit card via our online checkout process. Your first month’s membership fee payment will be processed on the date you sign up for your membership. Your subsequent months’ membership fee payments will then be processed via your original payment method on the same day in each month that corresponds to the day of the month on which you signed up for your membership (or the nearest equivalent day in shorter months (where relevant)). For Mini Memberships only you will be billed every four weeks instead. If payment is unsuccessful on the payment date, we will email you to notify you of the unsuccessful payment and a second attempt to take the payment will be made after 48 hours after the first failed payment. If the second payment attempt is still not successful, then your membership will be cancelled and any existing (but unpaid) bookings for Classes or any new Classes you book will be charged at the applicable pay-as-you-go drop-in rate. If you would like to purchase any Classes that are not included within your membership then you can do so using your credit or debit card via our online checkout process.

7 COOLING OFF PERIOD

A) Where you have purchased Classes as a Drop-In, Intro Offer, Bundle or a Monthly Membership via our Website then you may cancel your purchase within 14 days of the date of your purchase (Cooling Off Period) by contacting one of our studios by telephone, in person or email or here: Contact Us.

B) If you cancel during the Cooling Off Period and have not booked any Classes then you will be refunded the full charge for the relevant purchase.

C) If you cancel during the Cooling Off Period and have booked 1 or more Classes then you will be refunded the full charge for the relevant purchase less the cost of the Classes booked. 

8 BOOKING CLASSES

A) All Classes must be booked via your Mindbody Account and, unless otherwise specified at the time of booking, in order to book a Class you must either:

(i) have appropriate Drop In Session, Intro Offer, Class Bundle or Membership in your Account for the Class you would like to book; or

(ii) purchase an appropriate Drop In Session, Intro Offer, Class Bundle or Membership via your booking journey. 

B) Your booking on a Class is only confirmed once you have received an email confirmation from us or the Class appears in the ‘Upcoming Bookings’ section of your Mindbody Account. Please make sure you receive a booking confirmation before you attend the Class. If you do not receive a confirmation please contact us by phone or email (studio@acaiberryfoods.com). Class prices are subject to change at any time before we accept your booking.

C) All Classes are subject to availability, and whilst we try to ensure that suitable numbers and types of Classes are available, we cannot guarantee that you will be able to book any particular Class, even if you have the appropriate Class Bundle or Membership on your Account.

D) We reserve the right to update the Classes available to book on our timetable, as and when necessary. There is no guarantee that a Class will remain available to book ongoing.

E) If a Class is fully booked then you may either:

(i) join an alternative Class; or

(ii) join a waiting list for the fully booked Class. If you are on the waiting list for a fully booked Class and a space becomes available up to 2 hours prior to the start of the Class, you will automatically be enrolled in the Class and a relevant credit will be deducted from your Account. We will notify you by email or SMS in such instances. You will not, however, be added to the Class if you do not have a valid Class Bundle on your Account or the Class is not otherwise included in a Membership that you have purchased. As waiting list places are allocated automatically up to 2 hours prior to the start of the Class, it is your responsibility to ensure that you can make it to the Class on time. You can cancel your place on the waiting list at any time for a full refund until places are allocated at the Class. If a space becomes available on a Class within 2 hours of the start time, an email or SMS will be sent to everyone on the waitlist and a ‘First to Claim’ process will be in place, whereby the first person with a valid Class Bundle or Membership will claim the space. Those on Regular or Unlimited Memberships will have priority.

9 CHANGING OR CANCELLING YOUR BOOKINGS AND NO SHOWS

A) You may change or cancel your booking for a Class, without charge, up to 12 hours before the start of the Class that you have booked. We will refund your account for the cancelled Class, which you can use to rebook a future Class. If you book onto a Class within 12 hours of its scheduled start time (or 48 hours for a workshop or event), you are not entitled to change or cancel.

B) Save as set out in section C below (which only applies to Unlimited Memberships), you are not entitled to change or cancel your booking for a Class or otherwise elect to receive a refund for the Class (including for a no show) within 12 hours of its scheduled start time.

C) If you have purchased an Unlimited Membership and you do not show up to a Class that you have booked or you cancel your booking for a Class within 12 hours of the scheduled Class start time then you will incur a £10 fine per Class. However, if you wish to change your Class booking for another Class on the same day then you can contact us to see if this is possible. Any such changes will be subject to availability and are made at our discretion, and where you change a Class booking in this way then the £10 fine will not apply.

D) Any fines applied as set out in section C above will be payable within 48 hours of the completion of the applicable Class and processed via your original payment method. You may change or cancel a Class booking online or by phone.

10 LATENESS POLICY

We operate a policy which prevents you from taking part in a Class if you are more than 5 minutes late for the relevant Class (in such situations you will be deemed to be “late”). This policy is in place to prevent injury and to be mindful of the teacher and other participants in the Class. In line with our cancellation policy, you will not be refunded for Classes you are unable to attend because you are late.

11 IF WE CANCEL YOUR BOOKING

In the event that we cancel a Class that you have booked, we will make reasonable efforts to contact you by email or telephone to let you know. Where you have purchased a Class on a pay-as-you-go basis, we will refund your account with a credit for the cancelled Class, which you can use to rebook a future Class.

12 LIABILITY

We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable, or for loss or damage which is your own fault or which is attributed to a third party unconnected with the provision of our services. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we accepted your order.

We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by law.

Please note that we cannot be held responsible for your personal belongings whilst at our premises.

13 MEMBERSHIP FEE CHANGES

We reserve the right to review and change membership fees and Class fees periodically.

14 MONTHLY MEMBERSHIPS

 The following additional terms apply where you elect to purchase a Monthly Membership (Mini, Regular or Unlimited):

A) where you elect to purchase a Monthly Membership you will receive a specific number of credits for Classes. For Mini Memberships this is calculated each week. For regular and Unlimited Memberships each month (the month is calculated in line with your billing cycle);

B) all credits for a given month will expire at the end of that month’s billing cycle and cannot be carried over into the next month or otherwise refunded to you;

C) you can purchase Classes that are not included in the Monthly Membership at the applicable drop-in rate for the Class (as set out on the Website)

D) Monthly Membership fees are set out on the Website and are subject to change from time to time;

E) you may freeze your Monthly Membership for a period of one month (only) in any 12 month period, by telling us at least 2 weeks prior to the date on which your next monthly payment is due to be made. In order to do so, please contact us on studio@acaiberryfoods.com

G) in order to terminate your Monthly Membership, you must give us a minimum of 28 days’ notice via email to studio@acaiberryfoods.com to ensure that your membership ends and that no further payments are taken. If you do not notify us that you would like to terminate your Monthly Membership in this manner then your Monthly Membership will continue on a monthly basis with your payments continuing to be taken as set out in Section 6. B. above.

15 GOODS THAT YOU PURCHASE FROM US

From time to time we may make various products available for you to purchase via our Website or at our studios and we may elect to implement specific terms and conditions or policies that apply to any purchase you may make of such products or where you wish to return products to us after purchase. This does not affect your statutory rights. 

16 PROMOTIONAL OFFERS

From time to time we may run various promotions, prize draws and other offers (each a Promotion). We may implement separate terms and conditions in respect of any such Promotion, and will advise you accordingly where this is the case. However, notwithstanding this:

A) we reserve the right to end any promotion without warning at any time;

B) we also reserve the right to withdraw your right to any Promotion if we consider, in our absolute discretion, that you have abused, misused or gained an unfair advantage in respect of the Promotion. Misuse includes, but is not limited to, the creation of multiple customer accounts and self-referral; 

C) additionally, we reserve the right to not fulfil any future Class bookings made by any customer found to have abused, misused or gained an unfair advantage in respect of the Promotion; and 

D) any prizes offered by us in connection with a Promotion must be claimed within 21 days of the announcement of the winners. We have 45 days to issue any such prize. We reserve the right to substitute any prize or promotion for the equivalent value in Classes.

17 DISCOUNT CODES

From time to time we may make discount codes available to you, and your use of any such discount codes shall be subject to additional terms and conditions, which we will make you aware of at the time of use. Discount codes may only apply to certain Classes and we will set this out in our applicable promotional communications. In the event that Classes booked using a discount code are cancelled, the relevant Class will be cancelled in accordance with the terms of section 11 above. In addition:

A) we reserve the right to end or withdraw any Discount Code without warning at any time;

B) we also reserve the right to withdraw your right to use any Discount Code if we consider, in our absolute discretion, that you have abused, misused or gained an unfair advantage in respect of the Discount Code; and

C) additionally, we reserve the right to not fulfil any future Class bookings made by any customer found to have abused, misused or gained an unfair advantage in respect of the Discount Code.

18 HOW WE CAN CONTACT EACH OTHER

By you: Any written notice, enquiry or feedback should be provided by email at studio@acaiberryfoods.com. You may change or cancel a Class booking by phone, on our Website or through Mindbody (our Booking Platform).

By us: We may contact you using any of the contact details you provide to us when you sign up for a membership, which may include via telephone or text message. Our Privacy Notice (which you can access here: https://acaiberryfoods.com/pages/privacy-policy) sets out how we may process your personal data, which includes the contact details you provide to us.

19 FORCE MAJEURE

 We shall not be liable to you or deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of our obligations in relation to these Terms if the delay was due to any cause beyond our reasonable control, including, but not limited to, acts of god, terrorism, explosion, flood, storm, fire, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), I.T. system failures, viruses, pandemic, epidemic, civil emergency or other widespread illness, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.

In the event that all of our studios are closed for a period of 15 days or more due to any cause beyond our reasonable control, we will grant you a membership freeze until our studio has reopened. 

20 WAIVER

No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver, to be effective, must be in writing.

21 SEVERABILITY

If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.

22 ENTIRE AGREEMENT

These Terms together with our disclaimer and any policies we have in force from time to time constitute the entire agreement between us and you and shall have effect to the exclusion of any other memorandum, agreement, or understanding of any kind, whether oral or written, between us and you.

23 THIRD PARTY RIGHTS

These Terms constitute a contract between you and us. No other person shall have the right to enforce any of these Terms.

24 GOVERNING LAW AND JURISDICTION

 These Terms shall be governed by and construed in accordance with English law and the parties hereby agree to submit the exclusive jurisdiction of the English courts.